If you work for a federal entity in the state of Washington, then federal and state laws still apply to you. For example, you can claim Paid Family and Medical Leave (PFML) in the event of an illness or to care for a sick family member or to welcome a child to your family through birth, adoption, and fostering. All of the same laws regarding fair pay, legally protected activities, and protections against discrimination and harassment in the workplace apply, regardless of whether you are employed in the public or private sector. Even though one would hope that federal employers would follow employment laws to the letter, employment disputes can happen at federal jobs, just as they can within local governments or at private businesses. The Spokane federal employees lawyers at HKM Employment Attorneys LLP can help you if you are a federal employee involved in a dispute with your employer.
Employment Contracts for Federal Employees
The process of applying for a federal job is long and laborious, but once you are hired, it is well worth the effort. Whereas you have probably been hearing since high school that your resume should not exceed two pages, the resume that you submit when you apply for a federal job should describe in detail every employment position you have ever held. Therefore, if you are in your 30s or older when you apply for a position with a federal employer, your resume could exceed ten pages. Most employers conduct background checks before they decide to hire a job applicant, but the background checks for federal jobs are much more extensive than the ones for private sector jobs. If the job for which you are applying requires a security clearance, then the background check is even more elaborate.
Once you make it through the arduous process of applying for a federal job, however, you get to reap the rewards. Your employment contract is as detailed and as airtight as your resume had to be to get you this contract. You might think that because federal agencies hire so many employees, they have perfected the art and science of employment contracts, but even if this is the case, every employment contract is unique. ou should review your employment contract with a Spokane employment lawyer before you sign, even if the contract is for a federal job. People who are not employment lawyers usually do not understand the implications of the most unassuming-looking parts of the contract, such as the provisions related to dispute resolution.
Employment Discrimination in the Public Sector
Whether you work for a federal agency or any other employer, the law protects you from employment discrimination, which is unfair treatment of employees on the basis of protected characteristics such as race, sex, disability, age, religion, sexual orientation, or military status. You can file a discrimination complaint if the unfair treatment took the form of an adverse action and if you have evidence that the adverse action was due to a protected characteristic of yours and not to poor performance in your work or violations of your employer’s policies. Adverse actions include excessive scrutiny of your work, unfairly negative performance reviews, transferring you to a different assignment, schedule, or work location when you did not request this, harassment or bullying, denial of promotions or raises, and termination of employment.
Employment discrimination claims are also a long process. The first step is to contact the Equal Employment Opportunity Commission (EEOC) and notify them of the discrimination you have experienced in your workplace. You must do this within 45 days of the most recent discriminatory action. After interviewing you about the alleged discrimination in your work environment, the EEOC will conduct an investigation to try to corroborate your allegations and, if applicable, find out about other instances of discrimination in your workplace. You can only file an employment discrimination lawsuit if and when the EEOC authorizes you to do so. This does not mean, however, that you should wait that long to contact a lawyer about employment discrimination. The best time to start working with an employment discrimination lawyer is before you initiate contact with the EEOC.
Whistleblower Actions and Employer Retaliation
Employer retaliation is when an employer takes adverse action against an employee in response to the employee’s exercise of a legally protected activity. The adverse actions in discrimination and retaliation are the same, but the motivations are different; sometimes, plaintiffs who sue their employers allege discrimination and retaliation in the same lawsuit. Protected activities include exercising your right to protect your health and that of your family, for instance, by requesting a medical leave or family leave, filing a workers’ compensation claim, or requesting accommodations for a disability. Reporting safety hazards, crimes, or other violations of the law are also protected activities. This latter category of protected activities is sometimes called whistleblower actions.
Whistleblower cases can get very ugly very quickly when the employer that the employee is accusing of misconduct is a federal entity. You should contact an employment lawyer as soon as you become aware of misconduct or criminal activity by your lawyer, so that you can decide on the best way to proceed.
The Merit Systems Protection Board
Some federal employees have access to the Merit Systems Protection Board (MSPB), which helps them resolve claims related to unfair treatment by their employers. If you are a military veteran in a federal civilian job or if you hold a managerial or supervisory position with the United States Postal Service, then you are MSPB eligible. An employment lawyer can help you resolve your complaints through the MSPB. If you are unsure about what to say to the MSPB, contact a lawyer first.
Contact HKM Employment Attorneys, LLP, About Employment Disputes Involving Federal Jobs
The Spokane employment lawyers at HKM Employment Attorneys, LLP, can help you if your employer has treated you unfairly, even if your employer is a federal agency. Contact the employment lawyers at HKM Employment Attorneys LLP in Spokane, Washington, to set up a consultation.
